Mining Matters

MSHA Litigation from the Solicitor’s Perspective

For every contested MSHA citation, mine operators and their attorneys work hard to put the best case forward to tell the company’s side of the story. But in that same case, an attorney for the Department of Labor’s Office of the Solicitor is doing his or her best to show why the inspector was correct. In this episode, Arthur and Chris welcome their Fisher Phillips colleagues Matthew Korn and Patrick Dalin, both of whom began their legal careers litigating mine safety cases on behalf of MSHA. The wide-ranging discussion includes how MSHA cases are prioritized within the Solicitor’s Office, how MSHA’s attorneys build a case, and how the agency and its attorneys approach settlement. Matthew and Patrick also offer unique insights from the government’s perspective on how mine operators can best position themselves for a successful outcome in litigation.

How Do We Fix This? Navigating the Requirements and Potential Pitfalls of MSHA Abatement

The Mine Act requires that conditions cited by an MSHA inspector be abated within a reasonable time. But who determines what is reasonable and what happens if abatement cannot be achieved in that time? In this episode, Arthur and Chris tackle the issue of abatement of cited conditions under the Mine Act. They discuss what the law requires, what operators may see from inspectors and how best to navigate difficult situations related to abatement. Finally, they discuss what legal recourse operators may have if disagreements cannot be resolved.

Toolbox Talk and Mining Matters Crossover to Discuss Similarities and Differences of OSHA and MSHA

What are the similarities and differences between OSHA and MSHA? How should a company that operates at both OSHA and MSHA regulated sites prepare? In this episode, Fisher Phillips’ OSHA-focused podcast, Toolbox Talk, and MSHA-focused podcast, Mining Matters, join forces to compare and contrast the two agencies. Curtis Moore provides an overview of the OSHA regulatory scheme and how companies can best prepare for an OSHA inspection. Chris Peterson and Arthur Wolfson do the same for MSHA. The group then follows with a lively discussion comparing the key points for each and offers insights for how companies regulated by both agencies can best prepare.

Introducing the Fisher Phillips MSHA Inspection Tracker

In this episode, Chris and Arthur discuss Fisher Phillips’ brand new MSHA inspection tracker. Chock full of data, this new tool will provide operators a glimpse of recent MSHA activity. Chris and Arthur discuss the different types of data the tracker includes and how operators may be able to spot compliance and enforcement trends from the information provided. They also discuss how they hope to use the data to provide compliance strategies based on what the trends are showing.

View the tracker here: https://www.fisherphillips.com/innovations-center/msha-tracker.html

What is advance notice? MSHA knows it when it sees it.

On this episode of Mining Matters, Arthur and Chris discuss recent developments regarding the issue of advance notice of MSHA inspections, particularly in light of a key Circuit Court decision. They review what advance notice has been thought to be and how the recent 6^th Circuit Court of Appeals decision might have changed the calculus. Finally, they review what operators should consider to best train their workforce and avoid issues related to advance notice.

Mine Safety and Compliance: A Look Back and a Look Forward

In this episode, Arthur and Chris are joined by mine safety consultant and former MSHA official Diane Watson for a wide-ranging discussion on mine safety and compliance – where it has been, where it is now, and where it will be.  The group discusses how mine safety has changed over the years and what has remained a constant.  Join the team as they forecast MSHA activity in the years to come and what operators can do to prepare.  

What should we expect from MSHA’s latest initiative, “Take Time/Save Lives”

MSHA recently unveiled a new initiative, “Take Time/Save Lives” that focuses largely on training and “task awareness.”  Although policy initiatives such as this are not binding as law, they can provide an insight into the Agency’s priorities and what mine operators can expect going forward.  In this episode, Chris and Arthur review the “Take Time/Save Lives” initiative and offer their take on its potential significance and how mine operators can best prepare for what may come of it.

Mental Health as a Mine Safety Issue: Promoting Mental Wellbeing in the Workplace

In this episode, Arthur and Chris welcome a special guest, attorney Raeann Burgo, and discuss another important safety topic – mental health in the mining industry.  The team talks about what mental illness is, how it affects the safety and productivity of the workforce and what mine operators can do to promote mental wellbeing in their workplaces, particularly in the absence of any guidance or resources from MSHA.  The discussion also includes some steps mine operators can take right now to address this significant issue in the workplace.

Preparation is the Key to Successfully Managing an MSHA Inspection

As mine operators are well aware, MSHA wields significant authority during an inspection. But operators that prepare to actively participate in an inspection will best position themselves during that process. In this episode, Arthur and Chris discuss some best practices for operators when interacting with an MSHA inspector during an inspection. They will also discuss what types of information company representative should look to gather and share their experiences in how that information can lead to positive results during the settlement and litigation process.

An Interview with Mine Safety Lawyer and Novelist Tim Means

Does the world of mine safety provide the background for a compelling fiction novel? In this episode, Arthur and Chris talk with special guest, Tim Means, a long-time mine safety attorney about his new novel “Copper Canyon,” a fast-paced story centered in the world of mine safety. Mr. Means discusses how he began practicing mine safety and what issues he saw in his practice that inspired him to author a novel centered upon the mining industry and highlighting the delicate balance of safe operations and compliance with federal mine safety regulations.